East St. Louis Connecting Railway Co. v. Eggmann

delivered* the opinion of the Court.

This is an action on the case brought by appellee, in the City Court of East St. Louis to recover damages for the alleged negligence of appellant, in injuring and causing the death of Joseph F. Newland, appellee’s intestate.

There is but one count in the declaration, and the negligence of the defendant alleged therein is, that while plaintiff’s intestate was engaged in making a drain for defendant, under defendant’s road-bed, in the city of East St. Louis, and while in the exercise of due care and diligence, defendant’s engineer, in charge of its engine and…